BILL NUMBER: AB 186	CHAPTERED  09/16/99

	CHAPTER   429
	FILED WITH SECRETARY OF STATE   SEPTEMBER 16, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 16, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   JUNE 30, 1999
	AMENDED IN ASSEMBLY   APRIL 29, 1999
	AMENDED IN ASSEMBLY   MARCH 25, 1999

INTRODUCED BY   Assembly Member Hertzberg

                        JANUARY 21, 1999

   An act to amend Section 21620 of, and to add Sections 21500.1,
21601.1, and 21620.1 to, the Elections Code, relating to local
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 186, Hertzberg.  Local elections:  districts.
   Existing law requires county boards of supervisors and the city
councils of general law and charter cities that elect members by or
from districts following each decennial federal census, and using
that census as a basis, to adjust the boundaries of the supervisorial
and council districts so that the districts shall be as nearly equal
in population as may be.  In establishing the boundaries of the
districts, the county board of supervisors or the city council of a
general law city is expressly authorized by existing law to give
consideration to the topography, geography, and cohesiveness,
contiguity, integrity, and compactness of territory, and community of
interests of the districts.
   This bill would provide that in establishing the boundaries of a
district of a charter city, the city council may give consideration
to topography, geography, and cohesiveness, contiguity, integrity,
and compactness of territory, and community of interests of the
districts.  The bill would require the county board of supervisors or
the city council of a general law city or the governing body of a
charter city to hold at least one public hearing on any proposal to
adjust those boundaries prior to a public hearing at which the board
or council votes to approve or defeat the proposal.  By creating
additional duties on those local agencies in establishing the
boundaries of those districts and in holding public hearings, the
bill would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that the Legislature finds there is no
mandate contained in the bill that will result in costs incurred by a
local agency or school district for a new program or higher level of
service which require reimbursement pursuant to these constitutional
and statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 21500.1 is added to the Elections Code, to
read:
   21500.1.  The board shall hold at least one public hearing on any
proposal to adjust the boundaries of a district, prior to a public
hearing at which the board votes to approve or defeat the proposal.

  SEC. 2.  Section 21601.1 is added to the Elections Code, to read:
   21601.1.  The council shall hold at least one public hearing on
any proposal to adjust the boundaries of a district prior to a public
hearing at which the council votes to approve or defeat the
proposal.
  SEC. 3.  Section 21620 of the Elections Code is amended to read:
   21620.  If the members of the governing body of a chartered city
are nominated or elected "by districts" or "from districts," as
defined in Section 34871 of the Government Code, upon the initial
establishment thereof, the districts shall be as nearly equal in
population as may be according to the latest federal decennial census
or, if the city's charter so provides, according to the federal
mid-decade census or the official census of the city, as provided for
pursuant to Chapter 17 (commencing with Section 40200) of Part 2 of
Division 3 of Title 4 of the Government Code, as the case may be.
After the initial establishment of the districts, the districts shall
continue to be as nearly equal in population as may be according to
the latest federal decennial census or, if authorized by the charter
of the city, according to the federal mid-decade census.  The
districts shall comply with the applicable provisions of the federal
Voting Rights Act of 1965, Section 1973 of Title 42 of the United
States Code, as amended.  In establishing the boundaries of the
districts, the council may give consideration to the following
factors:  (1) topography, (2) geography, (3) cohesiveness,
contiguity, integrity, and compactness of territory, and (4)
community of interest of the districts.
  SEC. 4.  Section 21620.1 is added to the Elections Code, to read:
   21620.1.  The governing body shall hold at least one public
hearing on any proposal to adjust the boundaries of a district prior
to a public hearing at which the council votes to approve or defeat
the proposal.
  SEC. 5.  Pursuant to Section 17579 of the Government Code, the
Legislature finds that there is no mandate contained in this act that
will result in costs incurred by a local agency or school district
for a new program or higher level of service which require
reimbursement pursuant to Section 6 of Article XIIIB of the
California Constitution and Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
